PARAS RAM Vs. REX

JUDGEMENT

(1.) Parasram alias Har Prasad, and Basant were prosecuted under Section 304, Penal Code, read with 3. 84, Penal Code, for having caused the death of one Munnalal. They have been convioted of the offence with which they were charged and sentenced to ten years' rigorous imprisonment. They have come up in appeal to this Court.

(2.) The prosecution case was that the accused, who are father and son, were neighbours of Munnalal residing in village Chitora in the district of Budaun. They were relations of each other and had descended from a oommon ancestor. Their houses were adjacent to each other. There was a cattle trough in front of the house and haithalt of the deceased Munnalal. Thi3 cattle trough adjoined the platform of the house of the acoused. There was a longstanding dispute as to the ownership of the cattle-trough between the accused and the deceased. On 14th June 1947, there was a quarrel over this trough between Munnalal deceased on the one hand and the acoused and one Kamdin on the other, which resulted in a fight. The accused and Eamdin gave lathi blows to the deceased as a result 0 which his skull was fractured and he died.

(3.) The defence was that there was a quarrel between Parasram accused and Munnalal over the cattle trough; that Munnalal was the aggressor and gave, him a lathi blow first with the result- that he fell down and became unconscious; that when Basant, accused 2, wanted to protect his father and raised his lathi with that object, then Paahpati and Shankar, on the side of Munnalal, and Munnalal himself gave him lathi blows. In self-defence Basant struck lathi blows on Munnalal who fell down and became unconscious.